Congratulations. You are about to land a big software development deal and your staff of hardworking code-writers is ready to get to work. All you have to do to begin is . . . sign the customer’s huge contract, with a dozen Exhibits. What could go wrong? Here are 5 things to watch for: (1) who owns the software you develop for the Customer? (2) who owns the general ideas and techniques that you come up with during the engagement? (3) what is a “work for hire” anyway? (4) are you restricted from working for the customer’s competition after the work is done? and (5) can the customer “poach” your code-writers and hire them directly afterwards? There are other things to consider, of course, but software developers – – and clients who create and license things in general – -need to watch out that they are not constrained or trapped later on by provisions in documents they are signing today.
Who owns what in a software development deal?
